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U.S.  DEPOSITORY 


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Issued  November  30,  1918. 


United  States  Department  of  Agriculture, 

BUREAU  OF  BIOLOGICAL  SURVEY. 
E.  W.  Nelson,  Chief  of  Bureau. 


SERVICE  AND  REGULATORY  ANNOUNCEMENTS. 


AMENDMENTS   OF   AND    ADDITIONS    TO    THE   MIGRATORY    BIRD 
TREATY  ACT  REGULATIONS. 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA,  A  PROCLAMATION. 

Whereas  the  Secretary  of  Agriculture,  pursuant  to  the  authority 
contained  in  section  3  of  the  migratory-bird  treaty  act  (Public,  No. 
186 — 65th  Cong.),  and  having  due  regard  to  the  zones  of  tempera- 
ture and  to  the  distribution,  abundance,  economic  value,  breeding 
habits,  and  times  and  lines  of  migratory  flight  of  migratory  birds 
included  in  the  terms  of  the  convention  between  the  United  States 
and  Great  Britain  for  the  protection  of  migratory  birds,  concluded 
August  sixteenth,  nineteen  hundred  and  sixteen,  has  determined 
when,  to  what  extent,  and  by  what  means  it  is  compatible  with  the 
terms  of  said  convention  to  allow  hunting,  taking,  capture,  killing, 
possession,  sale,  purchase,  shipment,  transportation,  carriage,  and 
export  of  such  birds  and  parts  thereof  and  their  nests  and  eggs,  and 
in  accordance  with  such  determinations  has  adopted  and  submitted 
to  me  for  approval  regulations,  additional  to  and  amendatory  of 
the  regulations  approved  and  proclaimed  July  31,  1918,  which  the 
Secretary  of  Agriculture  has  determined  to  be  suitable  amendatory 
and  additional  regulations  permitting  and  governing  the  hunting, 
taking,  capture,  killing,  possession,  sale,  purchase,  shipment,  trans- 
portation, carriage,  and  export  of  said  birds  and  parts  thereof  and 
their  nests  and  eggs,  which  said  additions  and  amendments  are  as 
follows : 


REGULATION    4.- 


-OPEN   SEASONS    ON   AND    POSSESSION 
GAME  BIRDS. 


OF    CERTAIN    MIGRATORY 


Regulation  4,  subtitle  "  Black-bellied  and  golden  plovers  and 
greater  and  lesser  yellowlegs,"  is  amended  so  as  to  read  as  follows: 

Black-bellied  and  golden  plovers  and  greater  and  lesser  yellowlegs. — The  open 
seasons  for  black-bellied  and  golden  plovers  and  greater  and  lesser  yellowlegs 
shall  be  as  follows : 

In  Maine,  New  Hampshire,  Massachusetts,  Rhode  Island,  Connecticut,  New 
York,  New  Jersey,  Delaware,  Maryland,  and  Virginia  the  open  season  shall  be 
from  August  16  to  November  30; 

89867°— 18 


2  BUREAU   OF   BIOLOGICAL   SURVEY.  [S.  R.  A., 

In  the  District  of  Columbia,  North  Carolina,  South  Carolina,  Tennessee, 
Arkansas,  Oklahoma,  Texas,  New  Mexico,  Arizona,  California,  and  Alaska  the 
open  season  shall  be  from  September  1  to  December  15 ; 

In  Vermont,  Pennsylvania,  Ohio,  West  Virginia,  Kentucky,  Indiana,  Michigan, 
Wisconsin,  Illinois,  Missouri,  Iowa,  Minnesota,  North  Dakota,  South  Dakota, 
Nebraska,  Kansas,  Colorado,  Wyoming,  Montana,  Idaho,  Nevada,  and  that 
portion  of  Oregon  and  Washington  lying  east  of  the  summit  of  the  Cascade 
Mountains  the  open  season  shall  be  from  September  16  to  December  31 ; 

In  Utah  and  in  that  portion  of  Oregon  and  Washington  lying  west  of  the 
summit  of  the  Cascade  Mountains  the  open  season  shall  be  from  October  1  to 
January  15;  and 

In  Georgia,  Florida,  Alabama,  Mississippi,  and  Louisiana  the  open  season 
shall  be  from  November  1  to  January  31. 
• 

REGULATION   5.— BAG   LIMITS  ON   CERTAIN  MIGRATORY   GAME   BIRDS. 

Kegulation  5  is  amended  so  as  to  read  as  follows : 

A  person  may  take  in  any  one  day  during  the  open  seasons  prescribed  there- 
for in  Regulation  4  not  to  exceed  the  following  numbers  of  migratory  game 
birds : 

Ducks  (except  wood  duck  and  eider  ducks). — Twenty-five  in  the  aggregate 
of  all  kinds. 

Geese. — Eight  in  the  aggregate  of  all  kinds. 

Brant. — Eight. 

Rails,  coot,  and  gallinules  (except  sora). — Twenty-five  in  the  aggregate  of 
all  kinds. 

Sora.— Fifty. 

Black-bellied  and  golden  plovers  and  greater  and  lesser  yellowlegs. — Fifteen 
in  the  aggregate  of  all  kinds. 

Wilson  snipe,  or  jacksnipe. — Twenty-five. 

Woodcock. — Six. 

Doves  (mourning  and  white-winged). — Twenty-five  in  the  aggregate  of  both 
kinds. 

REGULATION  6.— SHIPMENT  AND  TRANSPORTATION   OF  CERTAIN   MIGRATORY 

GAME   BIRDS. 

Kegulation  6  is  amended  so  as  to  read  as  follows : 

Waterfowl  (except  wood  duck,  eider  ducks,  and  swans),  rails,  coot,  galli- 
nules, black-bellied  and  golden  plovers,  greater  and  lesser  yellowlegs,  wood- 
cock, Wilson  snipe  or  jacksnipe,  and  mourning  and  white-winged  doves  and 
parts  thereof  legally  taken  may  be  transported  in  or  out  of  the  State  where 
taken  during  the  respective  open  seasons  in  that  State,  and  may  be  imported 
from  Canada  during  the  open  season  in  the  Province  where  taken,  in  any 
manner,  but  not  more  than  the  number  thereof  that  may  be  taken  in  two  days 
by  one  person  under  these  regulations  shall  be  transported  by  one  person  in 
one  calendar  week  out  of  the  State  where  taken ;  any  such  migratory  game 
birds  or  parts  thereof  in  transit  during  the  open  season  may  continue  in  transit 
such  additional  time  immediately  succeeding  such  open  season,  not  to  exceed 
five  days,  necessary  to  deliver  the  same  to  their  destination;  and  any  package 
in  which  migratory  game  birds  or  parts  thereof  are  transported  shall  have  the 
name  and  address  of  the  shipper  and  of  the  consignee  and  an  accurate  state- 
ment of  the  numbers  and  kinds  of  birds  contained  therein  clearly  and  conspic- 
uously marked  on  the  outside  thereof;  but  no  such  birds  shall  be  transported 
from  any  State,  Territory,  or  District  to  or  through  another  State,  Territory, 


B.  S.  25]  SERVICE   AND  REGULATORY   ANNOUNCEMENTS.  3 

or  District,  or  to  or  through  a  Province  of  the  Dominion  of  Canada  contrary  to 
the  laws  of  the  State,  Territory,  or  District,  or  Province  of  the  Dominion  of 
Canada  in  which  they  were  taken  or  from  which  they  are  transported;  nor 
shall  any  such  birds  be  transported  into  any  State,  Territory,  or  District  from 
another  State,  Territory,  or  District,  or  from  any  State,  Territory,  or  District 
into  any  Province  of  the  Dominion  of  Canada  at  a  time  when  such  State, 
Territory,  or  District,  or  Province  of  the  Dominion  of  Canada  prohibits  the 
possession  or  transportation  thereof. 

REGULATION   8.— PERMITS   TO   PROPAGATE   AND    SELL   MIGRATORY   WATERFOWL. 

Paragraph  2  of  Regulation  8  is  amended  so  as  to  read  as  follows : 

2.  A  person  authorized  by  a  permit  issued  by  the  Secretary  may  possess,  buy, 
sell,  and  transport  migratory  waterfowl  and  their  increase  and  eggs  in  any 
manner  and  at  any  time  for  propagating  purposes;  and  migratory  waterfowl, 
except  the  birds  taken  under  paragraph  1  of  this  regulation,  so  possessed  may 
be  killed  by  him  at  any  time,  in  any  manner,  except  that  they  may  be  killed 
by  shooting  only  during  the  open  season  for  waterfowl  in  the  State  where  taken, 
and  the  unplucked  carcasses  and  the  plucked  carcasses,  with  heads  and  feet 
attached  thereto,  of  the  birds  so  killed  may  be  sold  and  transported  by  him  in 
any  manner  and  at  any  time  to  any  person  for  actual  consumption,  or  to  the 
keeper  of  a  hotel,  restaurant,  or  boarding  house,  retail  dealer  in  meat  or 
game,  or  a  club,  for  sale  or  service  to  their  patrons,  who  may  possess  such 
carcasses  for  actual  consumption  without  a  permit,  but  after  midnight  of 
March  31,  1919,  no  migratory  waterfowl  killed  by  shooting  shall  be  bought  or 
sold  unless  each  bird  before  attaining  the  age  of  four  weeks  shall  have  had 
removed  from  the  web  of  one  foot  a  portion  thereof  in  the  form  of  a  "V  " 
large  enough  to  make  a  permanent  well-defined  mark  which  shall  be  sufficient 
to  identify  them  as  birds  raised  in  domestication  under  a  permit. 

REGULATION    9.— PERMITS    TO    COLLECT    MIGRATORY    BIRDS    FOR    SCIENTIFIC 

PURPOSES. 

Regulation  9  is  amended  so  as  to  read  as  follows : 

A  person  may  take  in  any  manner  and  at  any  time  migratory  birds  and  their 
nests  and  eggs  for  scientific  purposes  when  authorized  by  a  permit  issued  by  t'»e 
Secretary,  which  permit  shall  be  carried  on  his  person  when  he  is  collecting 
specimens  thereunder  and  shall  be  exhibited  to  any  person  requesting,  to  see  the 
same. 

Application  for  a  permit  must  be  addressed  to  the  Secretary  of  Agriculture, 
Washington,  D.  C,  and  must  contain  the  following  information :  Name  and 
address  of  applicant  and  name  of  State?  Territory,  or  District  in  which  speci- 
mens are  proposed  to  be  taken  and  the  purpose  for  which  they  are  intended. 
Each  application  shall  be  accompanied  by  certificates  from  two  well-known 
ornithologists  that  the  applicant  is  a  fit  person  to  he  entrusted  with  a  permit. 

The  permit  will  authorize  the  holder  thereof  to  possess,  buy,  sell,  and  trans- 
port in  any  manner  and  at  any  time  migratory  birds,  parts  thereof,  and  their 
nests  and  eggs  for  scientific  purposes.  Public  museums,  zoological  parks  and 
societies,  and  public  scientific  and  educational  institutions  may  possess,  buy, 
sell,  and  transport  in  any  manner  and  at  any  time  migratory  birds  and  parts 
thereof,  and  their  nests  and  eggs  for  scientific  purposes  without  a  permit,  but 
no  specimens  shall  be  taken  without  a  permit.  The  plumage  and  skins  of  mi- 
gratory game  birds  legally  taken  may  be  possessed  and  transported  by  a  person 
without  a  permit. 

A  .taxidermist  when  authorized  by  a  permit  issued  by  the  Secretary  may 
possess,  buy,  sell,  and  transport  in  any  manner  and  at  any  time  migratory 
birds  and  parts  thereof  legally  taken. 


4  BUREAU    OF   BIOLOGICAL   SURVEY.       [S.  R.  A.— B.  S.  25.] 

Permits  shall  be  valid  only  during  the  calendar  year  of  issue,  shall  not  be 
transferable,  and  shall  be  revocable  in  the  discretion  of  the  Secretary.  A 
person  holding  a  permit  shall  report  to  the  Secretary  on  or  before  January  10 
following  its  expiration  the  number  of  skins,  nests,  or  eggs  of  each  species  col- 
lected, bought,  sold,  or  transported. 

Every  package  in  which  migratory  birds  or  their  nests  or  eggs  are  transported 
shall  have  clearly  and  conspicuously  marked  on  the  outside  thereof  the  name 
and  address  of  the  sender,  the  number  of  the  permit  in  every  case  when  a 
permit  is  required,  the  name  and  address  of  the  consignee,  a  statement  that 
it  contains  specimens  of  birds,  their  nests,  or  eggs  for  scientific  purposes,  and, 
whenever  such  a  package  is  transported  or  offered  for  transportation  from 
the  Dominion  of  Canada  into  the  United  States  or  from  the  United  States  into 
the  Dominion  of  Canada,  an  accurate  statement  of  the  contents. 

REGULATION   11.— SALE   OF  MIGRATORY  GAME   BIRDS   LAWFULLY   HELD   IN    COLD 

STORAGE  JULY  31,  1918. 

An  additional  regulation  to  be  known  as  Regulation  11  shall  read 
as  follows: 

A  person  authorized  by  a  permit  issued  by  the  Secretary  may  possess  and  may 
sell  and  transport  until  midnight  of  March  31,  1919,  the  carcasses  of  migratory 
game  birds  lawfully  killed  and  by  him  lawfully  held  in  cold  storage  on  July 
31,  1918,  to  any  person  for  actual  consumption,  or  to  the  keeper  of  a  hotel, 
restaurant,  or  boarding  house,  retail  dealer  in  meat  or  game,  or  a  club,  for 
sale  or  service  to  their  patrons,  who  may  possess  such  carcasses  for  actual 
consumption  without  a  permit  until  midnight  of  April  5,  1919. 

REGULATION  12.— STATE  LAWS  FOR  THE  PROTECTION  OF  MIGRATORY  BIRDS. 

An  additional  regulation  to  be  known  as  Regulation  12  shall  read 
as  follows: 

Nothing  in  these  regulations  shall  be  construed  to  permit'  the  taking,  pos- 
session, sale,  purchase,  or  transportation  of  migratory  birds,  their  nests,  and 
eggs  contrary  to  the  laws  and  regulations  of  any  State,  Territory,  or  District 
made  for  the  purpose  of  giving  further  protection  to  migratory  birds,  their 
nests,  and  eggs  when  such  laws  and  regulations  are  not  inconsistent  with  the 
convention  between  the  United  States  and  Great  Britain  for  the  protection 
of  migratory  birds  concluded  August  16,  1916,  or  the  migratory  bird  treaty  act 
and  do  not  extend  the  open  seasons  for  such  birds  beyond  the  dates  prescribed 
by  these  regulations. 

Now,  Therefore,  I,  Woodrow  Wilson,  President  of  the  United 
States,  of  America,  do  hereby  approve  and  proclaim  the  foregoing 
amendatory  and  additional  regulations. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  of  America  to  be  affixed. 

Done  in  the  District  of  Columbia,  this  twenty-fifth  day  of  October, 
in  the  year  of  our  Lord  one  thousand  nine  hundred  and  eighteen  and 
of  the  Independence  of  the  United  States  of  America  the  one  hundred 
and  forty-third. 

[seal.]  Woodrow  Wilson. 

By  the  President: 

Robert  Lansing, 

Secretary  of  State. 
uwveRs      ne  *     J 

"»"■'•■—  ■    <-•  -  WASHINGTON  :  GOVERNMENT  PRINTING  OFFICE  :  1918 


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